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Divorce Before Establishing Permanent Residency

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  • 06-16-2014, 07:32 AM
    hazel0020
    Divorce Before Establishing Permanent Residency
    My question involves a marriage in the state of: complicated situation

    Hi everyone i badly need your help and advice,I am not a US citizen and not a permanent resident and i am also not illegal.My immigration papers are on the process right now but i am not sure if it will continue because of the decision of my husband to divorce.We have an 11 month old baby and things are just too complicated.Me and my husband had an argument,but this time it was bad and his mother got involved.My husband wants a divorce.I do not want to have a divorce but with the constant fighting it made me think that maybe it is best to do it.I wanna know my rights and what i can do.I wanna know whats gonna happen to me after this divorce and what will happen to my kid.I want my kid but they keep telling me that i cannot have him since i do not work.if you guys have more questions about my situation just feel free to ask me if that will help you guys on how to help me thank you.
  • 06-16-2014, 10:41 AM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    You've said absolutely nothing indicating that you can't have custody.

    You have a baby. You're the stay-at-home parent. As a general rule the courts are reluctant to interfere with the status quo (what you've already been doing) without having a good reason for doing so.

    Now the big question. Did your husband sponsor you?
  • 06-16-2014, 11:59 AM
    hazel0020
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    You've said absolutely nothing indicating that you can't have custody.

    You have a baby. You're the stay-at-home parent. As a general rule the courts are reluctant to interfere with the status quo (what you've already been doing) without having a good reason for doing so.

    Now the big question. Did your husband sponsor you?

    yes he did sponsored me,now i dont know if will still continue to process my papers,they are threatening me that will call the immigration and get me deported,its just so mean i dont know what to do i want my kid with me and they keep telling me that they will file for full custody of my kid.
  • 06-16-2014, 12:55 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    Okay - one more question.

    What's your current immigration status? Are you a conditional resident?
  • 06-16-2014, 06:29 PM
    llworking
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting hazel0020
    View Post
    yes he did sponsored me,now i dont know if will still continue to process my papers,they are threatening me that will call the immigration and get me deported,its just so mean i dont know what to do i want my kid with me and they keep telling me that they will file for full custody of my kid.

    They cannot just call immigration and get you deported. It doesn't work that way.
  • 06-16-2014, 06:58 PM
    CourtClerk
    Re: Divorce Before Establishing Permanent Residency
    What is your plan to support your child since it appears that you're going to be a single parent?
  • 06-16-2014, 06:59 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting CourtClerk
    View Post
    What is your plan to support your child since it appears that you're going to be a single parent?


    You know what I'm going to say here...

    I-864
  • 06-16-2014, 07:27 PM
    llworking
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    You know what I'm going to say here...

    I-864

    She will also likely get a job once she has authorization to do so.
  • 06-16-2014, 07:33 PM
    CourtClerk
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    You know what I'm going to say here...

    I-864

    It's NY. It won't go far

    - - - Updated - - -

    Quote:

    Quoting llworking
    View Post
    She will also likely get a job once she has authorization to do so.

    because those are in abundance
  • 06-16-2014, 07:51 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    The I-864 would generally go through federal court though.

    With that said, I would like to know exactly what her status is.

    (Fwiw, Moody v. Sorokina is the case commonly cited for NY)
  • 06-16-2014, 07:57 PM
    llworking
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting CourtClerk
    View Post
    It's NY. It won't go far

    - - - Updated - - -


    because those are in abundance

    Huh...where are you coming from with this? Surely you are not trying to imply that someone should have no custody of their children due to poverty?
  • 06-16-2014, 08:07 PM
    CourtClerk
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting llworking
    View Post
    Surely you are not trying to imply that someone should have no custody of their children due to poverty?

    You need to join some folks in a reading comprehension class if you really believe that that was what I was implying....

    It's like you didn't read anything at all. You just learned a phrase and you wanted to throw it out somewhere so someone could hear you say it. Only one tip I have for you for next time. Make sure it actually applies.
  • 06-16-2014, 08:17 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    I still need to know exactly where the OP is in terms of immigration status.

    Filed but not adjudicated? Conditional resident? What?
  • 06-17-2014, 04:49 AM
    llworking
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting CourtClerk
    View Post
    You need to join some folks in a reading comprehension class if you really believe that that was what I was implying....

    It's like you didn't read anything at all. You just learned a phrase and you wanted to throw it out somewhere so someone could hear you say it. Only one tip I have for you for next time. Make sure it actually applies.

    You said:

    Quote:

    What is your plan to support your child since it appears that you're going to be a single parent?
    and:

    Quote:

    It's NY. It won't go far

    - - - Updated - - -


    because those are in abundance
    I still do not get where you were coming from, but if you prefer to not explain, so be it.
  • 06-17-2014, 06:47 AM
    CourtClerk
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting llworking
    View Post
    You said:



    and:



    I still do not get where you were coming from, but if you prefer to not explain, so be it.

    OK. Let me help you out since you seem to be so slow.

    The support money isn't going to go far in NY. He's only required to support her to a certain level and that level IN NEW YORK is going to leave her destitute with a child.

    So... she's gonna need to get a job because sitting on her behind not working isn't going to cut it. This is the big city, not Indiana.

    Did I spell it out clear enough for you or should I slow it down ever slower?
  • 06-17-2014, 11:11 AM
    llworking
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting CourtClerk
    View Post
    OK. Let me help you out since you seem to be so slow.

    The support money isn't going to go far in NY. He's only required to support her to a certain level and that level IN NEW YORK is going to leave her destitute with a child.

    So... she's gonna need to get a job because sitting on her behind not working isn't going to cut it. This is the big city, not Indiana.

    Did I spell it out clear enough for you or should I slow it down ever slower?

    So, when I said that she would get a job as soon as she was permitted to work in the US, and you indicated that you doubted she would find one, you were just kidding?
  • 06-17-2014, 04:14 PM
    hazel0020
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    The I-864 would generally go through federal court though.

    With that said, I would like to know exactly what her status is.

    (Fwiw, Moody v. Sorokina is the case commonly cited for NY)

    I just passed my adjustment of status last May 3rd 2014,I got an RFE ( request for evidence) saying that i need to fill out another form because the form i filled out before was expired.
    Since the USCIS is asking me some forms,my process will be on hold until i get to send what they need.I cannot send it because my husband wont sign the form and he is keeping it from me,he hide it somewhere.

    - - - Updated - - -

    I filed for adjustment of status ( conditional gc) but the USCIS is asking for some stuff and my process will be on hold until they get what they need,but i cannot send what they need because my husband is keeping it from me.

    - - - Updated - - -

    I applied for a conditional but it is on hold riht now because they are asking for more documentations which i cannot send because my husband is keeping it from me.

    - - - Updated - - -

    [QUOTE=hazel0020;814369]I just passed my adjustment of status last May 3rd 2014,I got an RFE ( request for evidence) saying that i need to fill out another form because the form i filled out before was expired.
    Since the USCIS is asking me some forms,my process will be on hold until i get to send what they need.I cannot send it because my husband wont sign the form and he is keeping it from me,he hide it somewhere.

    I am from new york state
  • 06-17-2014, 06:13 PM
    Disagreeable
    Re: Divorce Before Establishing Permanent Residency
    It appears you are not going to obtain permanent residency because you have not been involved in a good faith marriage long enough. That is likely the purpose of the information request, I gather hubby was not there to confirm your marriage is intact. If the child was born a US citizen, it is not likely the court will give custody to a parent departing the country. Ultimately the biggest outcome hinges on whether you are granted permanent residency.
  • 06-17-2014, 06:26 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    Hazel, I need a "yes" or "no" answer to this, okay?

    Have you actually been awarded your conditional card? You said you "passed" - does that mean you actually have a "conditional" card, or what?

    I need to know because the answer will change things dramatically.

    - - - Updated - - -

    Quote:

    Quoting Disagreeable
    View Post
    It appears you are not going to obtain permanent residency because you have not been involved in a good faith marriage long enough. That is likely the purpose of the information request, I gather hubby was not there to confirm your marriage is intact. If the child was born a US citizen, it is not likely the court will give custody to a parent departing the country. Ultimately the biggest outcome hinges on whether you are granted permanent residency.


    Oh do show me where the law - ANY law - which requires the marriage to be a certain length of time.
  • 06-17-2014, 08:38 PM
    Disagreeable
    Re: Divorce Before Establishing Permanent Residency
    Even you should know there are time periods to thwart sham marriages.

    http://shusterman.com/greencardsthroughmarriage.html

    http://shusterman.com/i751waiverwher...indivorce.html
  • 06-17-2014, 09:35 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Disagreeable
    View Post
    Even you should know there are time periods to thwart sham marriages.

    http://shusterman.com/greencardsthroughmarriage.html

    http://shusterman.com/i751waiverwher...indivorce.html


    Show. Me. The. Law.

    Not an attorney website, not something you dreamed up, but THE LAW.


    Though you did provide two links that actually support MY position.

    There IS NO LAW saying a marriage has to be of 3 months, 3 years, or 3 decades.

    You DO understand the 2 year requirement, right? And what it does and doesn't mean? And those nifty little consular petitions?

    You know you're wrong.
  • 06-17-2014, 09:42 PM
    Disagreeable
    Re: Divorce Before Establishing Permanent Residency
    I am not wrong. I am simply not going to dig back through the Federal Code to play your foolish paper chase games when you know I am correct. The key is her hubby needed to appear at the last hearing. When he did not, it opened up the INS can of worms to prove she meets the legal criteria. As she filed that paperwork late she may end up with a denial unless she gets her paperwork straight. The best advice one can give her now is to get an immigration attorney to try and overcome any INS paperwork requests if she wishes to stay in the US after the divorce is final.
  • 06-17-2014, 10:28 PM
    hazel0020
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    Hazel, I need a "yes" or "no" answer to this, okay?

    Have you actually been awarded your conditional card? You said you "passed" - does that mean you actually have a "conditional" card, or what?

    I need to know because the answer will change things dramatically.

    - - - Updated - - -




    Oh do show me where the law - ANY law - which requires the marriage to be a certain length of time.

    i dont have my conditional card yet.when i said that i passed what i mean is that i sent the papers to get a conditional card.
  • 06-17-2014, 10:38 PM
    Dogmatique
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Disagreeable
    View Post
    I am not wrong. I am simply not going to dig back through the Federal Code to play your foolish paper chase games when you know I am correct. The key is her hubby needed to appear at the last hearing. When he did not, it opened up the INS can of worms to prove she meets the legal criteria. As she filed that paperwork late she may end up with a denial unless she gets her paperwork straight. The best advice one can give her now is to get an immigration attorney to try and overcome any INS paperwork requests if she wishes to stay in the US after the divorce is final.

    Hah. I win $5 based on your response.

    :cool:

    - - - Updated - - -

    Quote:

    Quoting hazel0020
    View Post
    i dont have my conditional card yet.when i said that i passed what i mean is that i sent the papers to get a conditional card.



    Please see an attorney - or rather, two.
  • 06-17-2014, 10:53 PM
    hazel0020
    Re: Divorce Before Establishing Permanent Residency
    Quote:

    Quoting Dogmatique
    View Post
    Hah. I win $5 based on your response.

    :cool:

    - - - Updated - - -





    Please see an attorney - or rather, two.

    it took me a year to process my papers and its because my husband doesnt want to do it even if he is able to finance it.I entered here in the United States expecting a husband and a family of my own but it didnt happen he is so much different from who he is the first time we met.

    - - - Updated - - -

    Quote:

    Quoting Dogmatique
    View Post
    Hah. I win $5 based on your response.

    :cool:

    - - - Updated - - -





    Please see an attorney - or rather, two.

    How long do divorce process take? and how long will i be staying here till i get deported?

    - - - Updated - - -
  • 06-18-2014, 01:59 PM
    Disagreeable
    Re: Divorce Before Establishing Permanent Residency
    Generally, hubby cannot revoke the temp status he gave you and it will terminate at the time the divorce is finalized by the court as you will no longer be married.
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